Tag Archives: Free movement of persons

France Will Eventually Comply with EU Law on the Free Movement of People

In what should sound as a happy end to a very unpleasant episode of EU history, France has agreed to insert certain provisions of Directive 2004/38/EC into national law texts. That is a welcome development, but I remain quite interested in the facts surrounding the recent mass expulsions of Roma citizens to Bulgaria and Romania. Infringement of EU law does not come only in the form of lack of transposition, but also in the form of direct transgression.

The Blockade of the Greek Border Crossings Breaches EU Law

The blockade of the Bulgarian – Greek border crossings by Greek farmers is in stark violation of EU law. The blockade infringes the right of European citizens to move freely within the territory of the Member states (art. 21 TFEU) and hinders the free movement of goods and services (art. 26 TFEU).

More, the Bulgarian and Greek authorities have an obligation under Regulation (EC) 2679/98 on the functioning of the internal market in relation to the free movement of goods among the Member States to immediately inform the European Commission. The Greek authorities should also take all necessary and proportionate measures to remove the obstacles.

EP: Member States Obstruct Free Movement of EU Citizens

In a very critical report, the Committee on Civil Liberties, Justice and Home Affairs accuses the Member states of erecting many obstacles to the free movement of the EU’s citizens.

The report says that major infringements of fundamental rights have been identified, including some relating to the right of entry and residence for family members from non-EU countries and the obligation for EU citizens, when applying for a residence permit, to submit additional documents such as work permits or satisfactory proof of accommodation, something not required under the directive.

This is a very important issue, because free movement of persons is a  prerequisite for economic development. But there is more to the question – free movement of EU citizens is one of their fundamental rights. There is a causal link between the exercise of these rights, and the legitimacy of the Union.